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2013 Supreme(Mad) 3435

K.K.SASIDHARAN
J. M. V. Amarjothi – Appellant
Versus
Director of Medical Education – Respondent


Advocates appeared:
For the Petitioner:Mrs. P. Bagyalakshmi, G. Justin, Advocates.
For the Respondents:A.L. Somayaji, Advocate General Assisted by D. Krishakumar, Spl. G.P., AR.L. Sundaresan, Senior Counsel for P. Raja, Mrs. A.L. Gandhimathi, Advocates.

JUDGMENT

1. The legality and correctness of the selection process adopted for admission to the Higher Speciality Courses in Tamil Nadu is under challenge in this batch of writ petitions at the instance of non-selected candidates from open category primarily on the ground that undue preference was given to the in service candidates, sacrificing the merit.

Facts in nutshell:

2. The petitioners in W.P.Nos.21156 and 21157 of 2013 made applications for Higher Speciality Courses in Surgical Gastroenterology for the year 2013-2014. The petitioner in W.P.No.20772 and 20773 of 2013 applied for D.M. (Cardiology) course. Similarly, the petitioner in W.P.No.20136 of 2013 applied for the course in D.M. (Nephrology) course. The petitioner in W.P.No.20780 of 2013 applied for Mch. Surgical Oncology Course. The petitioners who have applied under the Open Merit Category took part in the entrance examination. Thereafter they attended the counselling on 22 July 2013. The Selection Committee published the provisional merit list. However, while making selection, separate merit list for service category was not drawn and as a result, service candidates were given a march over the open category candidate



























































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